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HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA

PRADESH

MONDAY, THE NINETEENTH DAY OF OCTOBER, TWO THOUSAND AND FIFTEEN

:PRESENT:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO

WP .NO: 34799 of 2015 Between:

Syed Abdul Khader Quadri S/o S.M.Pasha Quadri, Aged about 40 years, Occ: Social Worker, R/o 21-4-201, Hussaini Alam, Hyderabad.

..... Petitioner AND

1 State of Telangana, Represented by its Principal Secretary to Government, Home Department, Secretariat Buildings, Saifabad,

Hyderabad.

2 Andhra Pradesh State Waqf Board, Razzak Manzil, Opposite Public Gardens, Nampally, Hyderabad, Represented by its Chief Executive

Officer.

3 Deputy Commissioner of Police, West Zone, A.C.Guard, Hyderabad.

4 Station House Officer, Asifnagar Police Station, Hyderabad.

.....Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ order or direction more particularly a writ in the nature of a writ of mandamus a) Declaring the inaction of the respondents 3 and 4 in providing protection for the purpose of conducting burial of the body of Late Syed Badruddin Quadri as arbitrary, illegal and violative of the right to decent burial guaranteed under article 21 of the Constitution of India and b) Direct the respondents 3 and 4 to forthwith provide protection for the purpose of conducting burial of the body of Late Syed Badruddin Quadri at Maqbera Wala

Jahi, Asifnagar, Hyderabad.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri P.S. Rajasekhar, Advocate for the Petitioner, GP for Home (TG) for Respondent Nos.1, 3 & 4 and Sri M.A.K. Mukheed, Standing Counsel for Respondent No.2,

the Court made the following

ORDER:

According to the petitioner late Syed Badruddin Quadri died on

15.10.2015 at Skokie, Illinois in the United States of America. The deceased is the great grandson of D.H.Hafiz-shah-Waliullah Quadri, who was a very pious individual and a saint, is buried at the durgah named at

Maqbera Wala Jahi, Asifnagar, Hyderabad. The deceased was a religious scholar and his father was Vice Chancellor of Jamia-e-Nizamia.

The relatives of the deceased have applied to State Wakf Board to provide land for burial at Grave Yard, Hafiz Shah Waliullah Quadri(rh)

Maqbera Wala Jahi, Asifnagar, Hyderabad.

While granting such permission, the Wakf Board was also requested the Station House Officer, Asif Nagar Police Station to ensure

maintenance of law and order to avoid any untoward incident.

According to the learned counsel for the petitioner, while bringing the body to India, the Hyderabad City Police have granted no objection certificate on 19.10.2015 to transport the dead body to the said address. The body has come today and family members of the deceased intend to bury the body at the place provided by the Wakf Board. However, the petitioner ancitipates obstruction by some elements on the ground that earlier when the digging operations were taken up on 16.10.2015, there

was strong opposition.

Having regard to the fact that ‘no objection’ was already granted by the Hyderabad City Police and the State Wakf Board has allotted land, the respondents 3 and 4 are directed to ensure maintenance of law and order at Graveyard, Hafiz Shah Waliullah Quadri(Rh) Maqbera Wala Jahi,

Asifnagar, Hyderabad.

ASSISTANT REGISTRAR //TRUE COPY//

For ASSISTANT REGISTRAR To

1 The Principal Secretary to Government, Home Department, State of Telangana, Secretariat Buildings, Saifabad, Hyderabad.

2 The Chief Executive Officer, Andhra Pradesh State Waqf Board, Razzak Manzil, Opposite Public Gardens, Nampally, Hyderabad.

3 The Deputy Commissioner of Police, West Zone, A.C.Guard, Hyderabad.

4 The Station House Officer, Asifnagar Police Station, Hyderabad.

(Addressees 1 to 4 BY RPAD)

5 One CC to Sri P.S. Rajasekhar, Advocate (OPUC)

6 Two CCs to the G.P. for Home